By using our services, you agree to the following Terms and Conditions
eziPOD Sdn Bhd and its affiliated companies ("eziPOD") welcomes you to its physical network of lockers (the "Locker") and its online website (including all content and functionality available through the www.eziPOD.my domain name, the "Site") and/or mobile application (including all content and functionality available through the "App"). We (the terms "We", or "Us", or "Our" or "Ours" shall refer to eziPOD) are delighted to provide you with access to the Locker, the Site, related data, eziPOD's proprietary software, and content and related documentation and information through the App in connection with certain services provided by eziPOD and its affiliated companies (collectively the "Services")
Please read these terms and conditions carefully before using the Locker, and/ or the Site, and/or the App, and/or Services as defined herein.
By visiting and/or using the Locker and/or visiting, downloading, registering for an account (an "Account") on the Locker, and/ or Site and/or App, accessing or using any part of the Locker and/or Site and/or the App, you (the terms "You, "Your", and "Yours" shall refer to any and all users of the Locker and/or Site and/or App (the "User") expressly agree to and consent to be bound by (a) the terms and conditions, (the "Terms and Conditions") and (b) eziPOD's privacy policy (the "Privacy Policy"). If you do not agree to the Terms and Conditions and/or the Privacy Policy, you do not have eziPOD's authorisation to use any of the Services and you may not access or use any portion of the Locker, and/ or the Site, and/or the App. eziPOD may modify the Terms and Conditions at any time, and such modification shall be effective immediately upon either posting of the modified Terms and Conditions or notifying you. You agree to review the Terms and Conditions periodically to ensure that you are aware of any modifications. Your continued access or use of the Locker, and/ or the Site, and/or the App shall be deemed your conclusive acceptance of the modified Terms and Conditions.
1. Service Terms and Limitations
1.1 Proprietary Rights: The entire contents displayed on the Locker and/or the Site and the App (the "Content") are solely owned by eziPOD. There may be collective work that is the property of other third parties and such collective work may be protected by copyright and intellectual property laws. You are allowed to display and, subject to any expressly stated restrictions or limitations relating to specific material, download portions of the Content from the different areas of the Site only for non-commercial use, unless otherwise permitted. Any redistribution, retransmission or publication of any copyrighted material is strictly prohibited without the express written permission of the copyright owner. You may not change or delete any proprietary notices from materials downloaded from the Site or App. You agree not to use any eziPOD logo or any other proprietary graphic or trademark without eziPOD's express written consent. As between the parties, title, ownership rights, and intellectual property rights in the Content, and any copies or portions thereof, shall remain in eziPOD and/ or its content providers. Third-party trademarks, service marks and logos contained in the Site are owned and licensed by their respective owners. Any of all rights not expressly granted herein are reserved.
1.2 Grant of Limited License: Your access to the Service is licensed and not sold. Subject to the terms of the Terms and Conditions and upon your registration for an Account, eziPOD hereby grants you a revocable, non-exclusive, non-transferable account enabling you to access and use the Services, the Locker, and/ or the Site, and/or the App. All the Content that is made available to view and/or download in connection with the Locker, and/or Site, and/or App is owned by and is the copyrighted work of eziPOD and/or its suppliers and is licensed, not sold. You do not have the right to lend, lease, rent or sublicense the Locker, and/or Site, and/or the App and/or the Content.
1.3 Use of the App
(a) General: In addition to the terms set forth in this Terms and Conditions, Your use of the App is subject to the following additional terms (the "App Terms"): You understand and agree that (i) Your use of the App is conditioned upon Your acceptance of these App Terms, (ii) the App contains copyrighted material, trade secrets, and other proprietary materials of eziPOD and its licensors, and (iii) in order to protect those proprietary materials, except as expressly permitted by applicable law, neither You nor a third party acting on Your behalf will: (a) decompile, disassemble or reverse engineer the App; (b) modify or create derivative works of the App; (c) use the App in any manner to provide service bureau, commercial time-sharing or other computer services to third parties; (d) transmit the App or provide its functionality, in whole or in part, over the Internet or other network (except as expressly permitted above); (e) sell, distribute, rent, lease, sublicense or otherwise transfer the App to a third party; or (f) use components of the App to run applications not running on the App.
(b) App User Agreement: You hereby agree: (i) to only use the App to access and/or use the Services; (ii) to not use any software or services in conjunction with the Service or authorised third-party software which modifies or reroutes, or attempts to modify or reroute, the Service; (iii) will not authorise any third party to access and/or use the Service on Your behalf using any automated process such as a BOT, a spider or periodic caching of information stored by the Service on Your behalf without a separate written agreement with eziPOD; (iv) will not use any software or hardware that reduces the number of Users directly accessing or using the Service (sometimes called 'multiplexing' or 'pooling' software or hardware); (v) will not lend, lease, rent or sublicense the App; (vi) to permit eziPOD to send and deliver updates to You as part of Your use of the App; and (vii) to allow the App to automatically download and install updates from time to time from eziPOD which are designed to improve, enhance and further develop the App and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
1.4 User Agreement: In order to access the Service, you will be required to already have an eziPay account (an "Account"). You may register for an Account by allowing us to access your name and other profile information through existing accounts you may have on the social networking website Facebook (the "FB Website", and your FB Website profile, the "FB Website Profile"). You agree to: (a) provide true, accurate, current and complete information about yourself when registering for an Account, including any credit card information (your "Credit Card") as applicable; (b) maintain and promptly update your Account to keep it true, accurate, current and complete; (c) review the fees to be charged for Your use of the Services; and (d) authorise eziPOD and its affiliates to charge your Credit Card for any and all Fees incurred by You for Your use of the Services. If you provide any information that is untrue, inaccurate, not current or incomplete, or eziPOD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, eziPOD or it's affiliated eziPay has the right to suspend or terminate your Account and refuse any and all current or future use of the Services (or any portion thereof).
1.5 User Representations: You represent and warrant to eziPOD that you will (a) maintain the security of your user identification, password and other confidential information relating to your Account; (b) maintain the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the Service; (c) maintain all charges resulting from the use of your Account, including but not limited to, unauthorised use of your Account prior to you notifying eziPOD in writing of such use and taking steps to prevent its further occurrence by changing your password; (d) comply with the Terms set forth herein; and (e) comply with all applicable Malaysia and international laws, statutes, ordinances, rules, regulations, contracts and applicable licenses regarding your use of the Services, and/or the Locker, and/or the Site and/or the App. You further represent and warrant that (i) you are over the age of eighteen (18) and have the power, authority or consent to enter into and perform your obligations under the Terms and Conditions; (ii) all information provided by you to eziPOD, including Credit Card information, is truthful, accurate and complete; (iii) you are authorised, or have the permission of the authorised signatory of the Credit Card or charge card provided to eziPOD, to pay any Fees incurred from use of the Services; (iv) you shall comply with all terms and conditions of this agreement; (v) you have provided and will provide accurate and complete registration information, including, without limitation, your legal name, address and telephone number; and (vi) each time you upload Submitted Content (as defined herein) on the Locker, and/or the Site, and/or the App or through the Service, you own or otherwise control the rights or have the necessary consents to upload or post such Submitted Content and to enable inclusion and use of the Submitted Content in the manner contemplated by the Site or the App.
1.6 User's Restrictions: You are not permitted, directly or indirectly, to (i) engage in any acts inconsistent with the principles of copyright protection and fair use, under the laws of Malaysia, without obtaining the express written consent of eziPOD and/or the copyright owner; or (ii) distribute, display (except for the purposes set forth in Section 2), rent, lease, transfer or otherwise transfer rights to, or in any way exploit, the Content or any Submitted Content, in whole or in part; or (iii) remove any proprietary notices or labels on the Content or any Submitted Content.
2. ONLINE COMMUNICATIONS
2.1 Submitted Content. You are solely responsible for the information, and other content that you upload, publish or display (hereinafter, "post") on the Locker and/or the Site and/or the App (collectively, the "Submitted Content"). You understand the Locker and/or the Site and/or the App is available to the public. Therefore any information you consider confidential should not be posted to the Locker and/or the Site and/or the App. By posting Submitted Content, you agree that eziPOD may reveal your identity and whatever information we know about you to any law enforcement agent or official in the event of legal action arising from any Submitted Content posting by you. Your participation in on-line communications, if any and if allowed by eziPOD, occurs in real time and is not edited, censored, or otherwise controlled by eziPOD. eziPOD cannot and does not screen content provided by you to the Locker, and/or the Site, and/or the App and/or through the Services. Notwithstanding the foregoing, eziPOD reserves the right to monitor content on the Locker, and/or the Site, and/or the App and to remove content, which eziPOD, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of this Terms and Conditions or eziPOD's operating policies for Users.
2.2 User Warranties and Representations: You warrant, represent and agree that you will not contribute any Submitted Content or otherwise use the Locker, and/or the Site, and/or the App in a manner that (i) infringes the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) violates any law, statute, ordinance or regulation; (iii) you should know is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, fraudulent, deceptive, or misleading or otherwise objectionable; (iv) adversely affects or reflects negatively on eziPOD's goodwill, name or reputation or causes duress, distress or discomfort to eziPOD or anyone else, or discourages any person, firm or enterprise from using all or any portion, feature, or function of the Site or App, or from advertising, liking or becoming a supplier to use in connection with the Locker, and/or the Site, and/or the App; (v) send or result in the transmission or junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming"; (vi) transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horse, spyware, or other potentially harmful programs or other material or information; (vii) falsely report to an employee or agent of eziPOD; (viii) circumvent, disable or otherwise interfere with security-related features of the Locker, and/or the Site, and/or the App or its features that prevent or restrict use or copying of any content; (ix) intercept or attempt to intercept email or other private communications not intended for you; and/or (x) causes the Locker, and/or the Site, and/or the App to be used for commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other Locker, and/or Site, and/or web pages. You further warrant, represent and agree that you will not (x) post or transmit any message, data, image or program which is indecent, obscene or pornographic; (y) use the Locker, and/or the Site, and/or the App to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others; and (z) delete any author attributions, legal notices or proprietary designations or labels in a file that you upload to the Site or App. While it is not the intent of eziPOD to discourage you from reporting problems about the Services, nonetheless, eziPOD reserves the right to take such action as it deems appropriate and/or to remove any content from the Locker, and/or the Site, and/or the App at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if eziPOD is concerned that you may have breached the immediately preceding sentence), or for no reason at all.
2.3 License Grant: By posting any Submitted Content on publicly accessible locations on the Locker, and/or the Site, and/or the App, you automatically grant (or warrant that the owner of such content has expressly granted) to eziPOD a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use, copy, sublicense, reproduce, distribute, redistribute, modify, adapt, publish, edit, translate, transmit, create derivative works of, publish and/or broadcast, publicly perform or display any materials or other information (including without limitation, ideas contained therein for new or improved products or services) you submit to public areas of the Locker, and/or the Site, and/or the App or as part of other works in any form, media, or technology whether by any means and in any media now known or hereafter developed and to sublicense such rights through multiple tiers of sublicences. You further acknowledge and agree that your name, likeness, and/or FB Website Profile may be associated your Submitted Content and you hereby grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide license to use your name, likeness, and/or FB Website Profile in association with your Submitted Content. You agree that you shall have no recourse against eziPOD for any alleged or actual infringement or misappropriation of any proprietary right in your communication to us. You hereby agree to also grant each User a non-exclusive license to access your Submitted Content through the Locker, and/or the Site and/or the App, and to use, reproduce, distribute, display and perform such Submitted Content as permitted through the functionality of the Locker, and/or the Site, and/or the App and under this Terms and Conditions. You further acknowledge and agree that no compensation will be paid with respect to the use of your comments, as provided herein, that eziPOD may remove any comment at any time in its sole discretion. Further, when you post any Submitted Content on the Site and/or the App, you authorise and direct eziPOD to make such copies thereof as eziPOD deems necessary in order to facilitate the posting and storage of such content on the Site. You may remove any Submitted Content you post from the Locker and/or, the Site, and/or App at any time. If you choose to remove your Submitted Content, the license granted above will automatically expire, however you acknowledge that eziPOD may retain archived copies of the Submitted Content.
3. OPERATION
eziPOD reserves complete and sole discretion with respect to the operation of the Locker, and/or the Site, and/or the App. eziPOD may, among other things: (a) delete email or private messages if it has not been accessed by a User within the time established by eziPOD policies; (b) subject to Section 1, make available to third parties information relating to the Users; and (c) withdraw, suspend or discontinue any functionality or feature of the Locker and/or Site and/or the App. eziPOD may, in its complete and sole discretion, review uploaded files, conferences, forums, and chats and authorise restrictions on access thereto. eziPOD will not review the contents of email or private messages except as required or allowed by applicable law or legal process.
4. CONTENT AND GENERAL DISCLAIMERS
4.1 General Disclaimer: The Locker, and/or the Site, and/or the App are provided by eziPOD on an “As-Is” basis. eziPOD makes no representations or warranties or any kind, express or implied, as to the operation of the Locker, and/or the Site, and/or the App or the information, content, materials, or products included on the Locker, and/or the Site, and/or the App. To the full extent permissible by Applicable law, eziPOD disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, and warranties that access to or use of the Service will be uninterrupted or error-free. There are no warranties that extend beyond the face of these terms. eziPOD cannot and does not warrant against human and machine errors, omissions, delays, interruptions or losses, including loss of data. eziPOD cannot and does not guarantee or warrant that files available for downloading from the Locker and/or the Site and/or the App will be free of infection by viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. eziPOD does not warrant or guarantee that the functions or service accessed through the Service will be uninterrupted or error-free or that defects in the Locker, and/or the Site, and/or the App will be corrected. This disclaimer of warranty constitutes an essential part of these terms. If you are dissatisfied with any portion of the Services, or with any of these terms, you sole and exclusive remedy is to discontinue using the Services. eziPOD may change the Services or the features in any ways, and at any time and for any reason. Although eziPOD has attempted to provide accurate information on the Locker, and/or the Site, and/or the App, eziPOD assumes no responsibility for the accuracy or completeness of the information.
4.2 Informational Purposes Only: Any opinions expressed on the Locker, and/or the Site, and/or the App are the personal opinions of the original author and not of eziPOD, even though the original author may be employed by eziPOD. The Content is provided for informational and entertainment purposes only and is not an endorsement or representation by eziPOD or any other party. eziPOD does not assume any responsibility or liability for any Submitted Content, blogs, opinions or other commentary posted on the Locker, and/or the Site, and/or the App or any third party website linked to the Locker, and/or the Site, and/or the App and makes no express or implied warranty or guarantee about the accuracy, copyright compliance, legality, or any other aspect of the Content.
4.3 Disclaimer of Third Party Information: You understand that when using the Locker, and/or the Site and/or the App, you may be exposed to Submitted Content and third party content from a variety of sources, and that eziPOD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submitted Content or third party content. You further understand and acknowledge that you may be exposed to Submitted Content and third party content that may be offensive, indecent, inaccurate, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against eziPOD with respect thereto. You acknowledge that statements made in the Locker, and/or the Site, and/or the App or newsgroups, message boards, email, forums, conferences, chats and/or Submitted Content reflect only the views of their authors. Forum managers, forum hosts, content providers, or merchants appearing on the Locker, and/or the Site, and/or the App, if applicable, are not authorised eziPOD spokespersons, and their views do not necessarily reflect those of eziPOD, and eziPOD does not endorse any Submitted Content or any opinion, recommendation, or advice expressed therein.
4.4 Links to Third Party Site: The Locker and/or the Site and/or App may contain links to third party websites. You agree that access to any other Internet Site linked to the Site is done at your own risk and eziPOD is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on these other websites. You understand these links may lead unintentionally to websites containing information that you or others may find inappropriate or offensive. These links are not under the control of eziPOD and as such, you agree that eziPOD is not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third party websites. These links are provided by eziPOD merely for convenience and the inclusion of these links does not imply an endorsement or recommendation by eziPOD. You agree that eziPOD is not responsible for any form of transmission received from any link, nor is eziPOD responsible if any of these links are not working appropriately. It is your responsibility when viewing to abide by any privacy statements and terms of use posted in connection with these links.
5. INDEMNIFICATION
You agree to indemnify, defend and hold harmless eziPOD, its officers, directors, employees, agents, information providers and suppliers from and against all losses, expenses, damages and costs, including reasonable attorney’s fees, resulting from any violation of this Terms and Conditions, breach of your representations contained herein, or any activity related to your Account (including infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Locker, and/or the Site, and/or the App using your account.
6. WAIVER AND RELEASE
You agree that neither eziPOD nor its officers, directors, employees, agents, licensors or suppliers shall have any liability to you under any theory of liability or indemnity in connection with your use of the Locker, and/or the Site, and/or the App, and/or the Service, and/or the Content. You specifically acknowledge that eziPOD shall not be liable for Submitted Content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. You hereby release and forever waive any and all claims you may have against eziPOD, its officers, directors, employees, agents, licensors or suppliers (including but not limited to claims based upon the negligence of eziPOD, its officers, directors, employees, agents, licensors or suppliers) for losses or damages you sustain in connection with your use of the Locker, and/or the Site, and/or the App, and/or the Service, and/or the Content.
7. LIABILITY LIMITATION
Notwithstanding the foregoing paragraph eziPOD will not be liable under any theory of law, for any indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business interruption, loss of information or data or costs of replacement goods, arising out of the use or inability to use the Locker, and/or the Site, and/or the App or resulting from use of or reliance on the information presented, even if eziPOD may have been advised of the possibility of such damages. The Locker, and/or the Site, and/or the App are controlled and offered by eziPOD from its facilities in countries where eziPOD operates in. eziPOD makes no representations that the site is appropriate or available for use in other locations. Those who access or use the Locker, and/or the Site, and/or App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT NOTIFICATION
eziPOD respects the intellectual property rights of others. You can notify eziPOD of possible copyright infringement, and eziPOD will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide the following:
(a) A physical or an electronic signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Locker, and/or the Site, and/or the App reasonably sufficient to permit eziPOD to locate the material;
(d) Your contact information, including your address, telephone number, and email;
(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
(f) A statement by you that the above information in your notice is accurate and that you, made under penalty of perjury, are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner's behalf.
Contact the agent designated to receive and act on copyright violations under the Malaysia intellectual property law. Claims can be directed to us at [[email protected]] or to eziPOD Sdn Bhd, Unit 3-9 Tingkat 3 Dataran Pelangi Utama, Jalan Masjid PJU 6A, 47400 Petaling Jaya Selangor.
9. TERM AND TERMINATION
eziPOD may terminate this Terms and Conditions at any time and for any reason. In addition, this Terms and Conditions will terminate immediately, without notice, if you fail to comply with the Terms and Conditions. eziPOD also reserves the right to terminate or suspend your Account and access to the Locker, and/or the Site, and/or the App and/or Services without prior notice. The provisions of Sections 1.1 (Proprietary Rights), 1.3 (Use of the App), 1.4 (User Agreement), 1.5 (User Representations), 2 (Online Communications), 4 (Content and General Disclaimers), 5 (Indemnification), 6 (Waiver and Release), 7 (Limitation of Liabilities), 9 (Term and Termination), and 20 (Miscellaneous) shall survive any termination of this Terms and Conditions.
10. PRIVACY RIGHTS
eziPOD is firmly committed to protecting your privacy, the privacy of Users, and the information that eziPOD gathers. In registering for the Services, you represent and agree that you will not use the Services to track or collect personally identifiable information of Users. Please visit eziPOD's Privacy Policy page for a complete privacy policy.
11. UNCLAIMED ITEMS
All property once returned to a Locker must be removed from the Locker within 48 hours. Property not claimed after 48 hours will be removed from the Locker. Customers have up to 30 days to claim their property. Any properties not claimed within 30 days of the original pick up date will be donated to charity.
12. DAMAGED PROPERTY
eziPOD exercises the utmost care in cleaning and processing garments entrusted to us and uses such processes which, in our opinion, are best suited to the nature and conditions of each individual garment. Nevertheless, we cannot assume responsibility for inherent weaknesses or defects in materials which may result in tears or development of small holes in fabric that are not readily apparent prior to processing. We cannot guarantee against color loss, color bleeding, and shrinkage; or against damage to weak and tender fabrics; or against damage to accessory items such as belts, buttons, beads, ties or zipper pulls. eziPOD's liability with respect to any damaged items shall not exceed ten (10) times our charge for laundry, dry cleaning, or ironing regardless of brand or condition. eziPOD is not liable with respect to any damaged items with our wash & fold service.Any damaged items must be reported to and returned to eziPOD for inspection within 48 hours after the items have been picked up at locker or delivered back by our staff. eziPOD cannot be liable for damaged items beyond 48 hours after the items have been picked up at locker or delivered back by our staff.
13. LOST ITEMS
eziPOD makes its best reasonable effort to track every item that we process and will review all lost items claims on a case by case basis. eziPOD's liability with respect to any lost items shall not exceed ten (10) times our charge for laundry, dry cleaning, or ironing and shall not exceed three (3) times our charge for bag & shoe spa, color restoration/dyeing and repairs, regardless of brand or condition. eziPOD are not liable for any lost items with our wash & fold service due to the nature of the service. Any lost items must be reported to us within 48 hours after the items have been picked up at locker or delivered back by our staff. eziPOD cannot be liable for lost items beyond 48 hours after the items have been picked up at locker or delivered back by our staff. When leaving items in locker, please ensure that your locker has been correctly closed and locked. eziPOD is not responsible for any loss or damage resulting from a failure to properly close or lock the Locker.
14. LOOSE ITEMS
Although, we try as hard as possible to track such items, we are not responsible for loose items such as jewellery, watches, cash, detachable buttons, cufflinks, belts, broaches, stings, laces, hoods or loose items on garments, etc. We request that customers remove these items and empty pockets prior to leaving items with us as we cannot be held responsible for damage to your garments from items left in pockets (lipstick, gum, pen, etc.).
15. BARCODES AND TAGS
eziPOD reserves the right to attach a barcode to your garments in an inconspicuous location. These barcodes and tags are very important in helping us track your garments so that items are not lost and to ensure you are billed consistently every time.
16. LAUNDRY BAGS AND HANGERS
All eziPOD branded laundry bags and hangers are properties of eziPOD. They are intended to be used, according to our service standard. Thus, we cannot be liable for any misuse of our properties by third-party service providers without prior written consent from eziPOD. eziPOD reserves the right to claim back our properties without any compensation to the holders at any time.
17. TURNAROUND TIME
Service days and turnaround time vary by location. eziPOD will make its best reasonable effort to adhere to our service schedule; however, we do not guarantee turnaround times and assume no responsibility for any damages that may occur due to a delay in service.
18. FREE CREDITS
All credits that were not paid and obtained free via membership privileges, rewards, lucky draws and miscellaneous partnership marketing campaigns are only redeemable during the promotional period stated in the campaign. Any redemption done after the expiry date will not be entertained. Free credits redeemed will need to be spent within 1-month from the date of redemption. Any unspent credits from the redemption after 1-month will be automatically forfeited.
19. REFUND
Purchased prepaid credits via the App (including freebies and the remaining balances, if any), item damage and/or loss compensation, gift certificate, reward, lucky draw, loyalty points either with/without the expiry date, with/without affiliated third parties (e.g. credit card issuer reward programs, frequent flyers program, etc.), or with/without physical claim documents, all cannot be redeemed for cash. We reserve the right to change, modify, and/or cancel our refund policy without prior notice.
20. FREQUENTLY ASKED QUESTIONS
The Frequently Asked Questions (FAQ) section shown on the Locker, and/or the Site, and/or the App is considered an integral part of eziPOD’s terms and conditions.
21. LANGUAGES:
In the event of any inconsistency, the English version of the Terms and Conditions is the original language and the Chinese version is a translation for information purposes only. Then in case of conflict, the English version will prevail and will therefore be the binding version between eziPOD and the related counterparties.
22. MISCELLANEOUS
This Terms and Conditions shall be governed by and construed in accordance with the laws of Malaysia. You agree that any legal action or proceeding between eziPOD and you for any purpose concerning this Terms and Conditions or the parties' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Malaysia. Any cause of action or claim you may have with respect to eziPOD must be commenced within one (1) year after the claim or cause of action arises. eziPOD’s failure to insist upon or enforce strict performance of any provision of this Terms and Conditions shall not be construed as a waiver of any provision or right. No waiver of any term, provision or condition of this Terms and Conditions, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition hereof, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition hereof. No waiver shall be binding unless executed in writing by the party making the waiver. This Terms and Conditions constitutes the complete and exclusive statement of the agreement between the parties with respect to the Services and supersedes any and all prior or contemporaneous communications, representations, statements and understandings, whether oral or written, between the parties concerning the Services. If any action in law or in equity is necessary to enforce the terms of this Terms and Conditions, the prevailing party will be entitled to reasonable fees of attorneys, accountants, and other professionals, and costs and expenses in addition to any other relief to which such prevailing party may be entitled. The provisions of this Terms and Conditions are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not in any way affect the validity or enforceability of the remaining provisions hereof. No provisions of this Terms and Conditions are intended, nor will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any Non-profit User, client, customer, affiliate, or any party hereto or any other person unless specifically provided otherwise herein, and except as so provided, all provisions hereof will be personal solely between the parties to this Terms and Conditions; except that Sections 5, 6, and 7 are intended to benefit eziPOD and its officers, directors, employees, agents, licensors, and suppliers. eziPOD may assign its rights and duties under this Terms and Conditions to any party at any time without notice to you.
23. NOTICE
eziPOD may deliver notice to you under this Terms and Conditions by means of electronic mail, and/or, a general notice on the Locker, and/or the Site, and/or the App, and/or by written communication delivered by registered mail to your address on record in the Account. You may give notice to eziPOD at any time via electronic mail to the Site at the following address:
ATTN: Customer Service at [[email protected]]
This Terms and Conditions was last updated on 8 December 2019.
